VNJL and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered a dispute between VNJL (the Applicant) and the Repatriation Commission (the Respondent) concerning an increase in the Applicant's disability pension. The Applicant sought a review of the Respondent's decision of 1 August 2017, which increased his pension to 100% of the general rate but did not grant him the intermediate or special rate, nor apply the extreme disablement adjustment.

The primary legal issue before the Tribunal was whether the Applicant was entitled to a disability pension at the special rate, as defined by section 24(2A) of the relevant Act. This required determining if the Applicant met all the stipulated criteria, particularly concerning his work history and the continuity of his self-employment prior to reaching 65 years of age. The Tribunal also considered the application of amended provisions of the Act to the Applicant's claim.

The Tribunal reasoned that to qualify for the special rate, a veteran must satisfy all sub-paragraphs of section 24(2A). While the Applicant met several criteria, the Tribunal found he did not satisfy sub-section 24(2A)(g). This sub-section requires a veteran to have been working on their own account in the same paid work for a continuous period of at least 10 years, commencing before they turned 65. The Tribunal noted that the Applicant had periods where he was not working on his own account, including a period of employment as an employee, which broke the required continuity. Furthermore, the Tribunal determined that the amended sub-section 24(2A)(g) only applied to applications made on or after 1 July 2017, and the Applicant's application was made prior to this date.

Consequently, the Tribunal affirmed the decision under review, finding that the Applicant was not entitled to a pension at the special rate as not all the criteria in sub-section 24(2A) of the Act were met.